Quotulatiousness

May 4, 2012

Gordon O’Connor on the abortion debate

Filed under: Cancon, Government, Health, Law — Tags: , , , , — Nicholas @ 13:04

A fascinating moment in the House of Commons, as related by the editors at Maclean’s:

And then Gordon O’Connor rose from his seat on the government side, immediately behind the Prime Minister. O’Connor, a retired brigadier-general, is the chief Conservative whip — the living symbol, in other words, of the ministry’s discipline and unity. His words bit with surprising sharpness. “The House of Commons . . . is not a laboratory,” he admonished Woodworth. “It is not a house of faith, an academic setting or a hospital. It is a legislature, and a legislature deals with law.” The Criminal Code definition of a human being, he said, is not a medical one; it is a purely legal test defining the moment when personal rights receive protection independent from those of the mother. It is quite reasonable, he added, that this should happen at the moment of their physical separation.

O’Connor went further. He denounced the oft-repeated right-wing heckle that abortion is “unregulated” in Canada. It happens to be absent from the criminal law, O’Connor observed, but the provinces regulate their medical professions, and the doctors in turn regulate their own conduct. The provincial governments and the medical colleges have agreed that since abortion cannot be abolished, it ought to be provided safely by, and to those whose private judgment allows for it. “The decision of whether or not to terminate a pregnancy is essentially a moral decision,” said the whip, “and in a free and democratic society, the conscience of the individual must be paramount and take precedence over that of the state.”

O’Connor concluded by reaffirming that the Conservative determination not to reopen Canada’s abortion debate is unwavering. “Society has moved on and I do not believe this proposal should proceed,” he said. “As well, it is in opposition to our government’s position. Accordingly I will not support [this] motion. I will vote against it and I recommend that others oppose it.” [. . .]

What is interesting about O’Connor’s brief speech is that it frames reproductive choice as a matter of small-C conservative principles. He appealed not only to libertarian considerations of individual conscience, but to the idea that regulations should be made at the political level closest to the citizen. Viewed in this light, the Harper rule against legislating on abortion is not just a convenient, cynical means to social peace and election success. It suggests the influence within the government caucus of a Charter-friendly breed of conservative, one whose first instinct is not always to “stand athwart history yelling, stop.”

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